Experts Testify to U.N. Special Rapporteur, Webcast + Release

Trade and Health Experts to U.N. Special
Rapporteur on Health: U.S. Trade Policies on Access to Medicines Damage Access
to Health

Contact: Matthew Kavanagh, 202-486-288

For
Immediate Release

Washington,
DC: At a consultation with UN Special
Rapporteur on Health, Anand Grover, health advocates gave testimony today
relating to their complaint filed with the UN about U.S. trade policies continued
from the Bush administration that violate the right to health.The webcast for the event is now available.

The groups
criticized the U.S.'s policy of placing countries that produce generic
medications on a "watch list" which threatens trade sanctions. Generically produced medications account for
80% of the world's HIV medications. The
Obama administration promised to support the right of countries to produce
lifesaving medications, but the complaint contends that they have continued to
place countries like India on a list generated by the U.S. Trade
Representative.

For many
countries, generics are the only affordable option to ensure countrywide access
to the medications. Nompumelelo Margaret Mantangana, from South Africa's
Treatment Action Campaign and a nurse at Kayalisha Ubuntu Clinic testified, "We are facing a
crisis. If a patient fails the first two
lines of treatment, there is nothing else to offer them. I have 8 patients right now who are failing
both 1st and 2nd line therapy. They are facing a death sentence. I know it and they know it. Yet there is no
generic version for these patented drugs that could save their lives and my
country cannot afford to pay full price."

U.S.
Government representatives were invited to the consultation with the UN Special
Rappateur, but did not attend. The
allegation letter filed with the UN charges that the US government's Special
301 Program policy supports pharmaceutical interests and keeps lifesaving
medications out of the hands of people in poor countries who need them. "The Special 301 program has been a prime
means through which the U.S. has promoted the international exportation of
US-style patent and other intellectual property laws to developing countries.
And pharmaceuticals has always been a key focus." said Professor Sean Flynn, Professor of Law,
American University Washington College of Law.
According to Emi McLean, Doctors Without Borders/MSF, "There has been a
lot of discussion and feigned transparency in the 301 process and yet no
substantive change in policy... We see that there is a striking conflict
between U.S. policy and global health policy."

Advocates highlighted the case of Thailand. Thailand complied with national and
international legal frameworks in translating the compulsory licensing policy
into practice. However, Thailand's actions in this regard were heavily opposed
by the U.S. government and harsh retaliation was returned by the U.S.
pharmaceutical industry. The USTR downgraded Thailand to its "Special 301"
Report Priority Watch List. In the same
month, a U.S.-based drug company, the patent owner of AIDS drug Kaletra,
decided to withdraw the registrations of their seven new drugs in Thailand,
including medicines for treatment of AIDS, hypertension and kidney disease.

"Such actions reflect that the USTR does not take human rights and
public health needs into account and has turned its back on the TRIPS Agreement
and Doha Declaration on TRIPS Agreement and Public Health, which recognize
public health needs before trade benefits," said Kannikar
Kijtiwatchakul of the Health Consumer Protection Program, Chulalongkorn
University in Thailand.

Brazilian legal experts also testified that not only is the 301 Watch
List a source of political pressure, it has been cited in a recent legal
decision by a Brazilian court not to order a compulsory license-a legal option
under the WTO for countries to allow generic production on patented medicines.

Health
GAP's Director of US Advocacy, Matt Kavanagh said, "the Obama administration
needs to stop this Bush era policy and support access to affordable lifesaving
medications so that we can keep our promise to universal access."